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Case Study

LTB Order Dismissal for Non-payment of Rent

Case LTB-L-070206-22

🕑 Case timeline

Application Date: 2022-11-22

Hearing Date: 2023-08-15

Order Issued: 2023-09-20

Termination Date: Date not provided

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-L-070206-22
Address: Suite 208, Bedroom 2, 308 GEORGIAN DR BARRIE ON L4M7B7
Form Used: L1
Served By: Not specified
Amount Awarded: $0
Decision In Favor: Tenant
Application Type: Eviction for non-payment of rent
RTA Sections: Section 87(1)(b), Section 16

👥 Parties involved

Landlord: WCPT: Georgian Inc. DBA: Foundry Georgian
Landlord Rep: Sara Murtadha
Tenant: Cindy Sisalith
Tenant Rep: James Moak
Adjudicator: Peter Nicholson
Keywords: eviction, non-payment of rent, rent arrears, tenant vacated

⚖️ Decision summary

Application dismissed due to landlord's lack of evidence on mitigation efforts.
Tenant not responsible for claimed arrears.

⚠️ Dispute summary

Tenant argued they were not in possession when application was filed.
Landlord treated as filing an L10 application due to tenant's prior vacancy.

📑 Findings & determinations

No rent arrears owed due to landlord's failure to mitigate losses.
Landlord's application for eviction and rent arrears is dismissed.

💡 Summary points

Landlord sought eviction for unpaid rent from November 2022 to August 2023.
Tenant vacated in September 2022 and provided potential sublets.
Landlord failed to mitigate by not renting to potential sublets.
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